CA Attorney General Comes Out Swinging Ahead of Live Nation Antitrust Trial Kickoff — Judge Rejects Last-Minute Stay Request, Jury Selection Officially Wraps

The Sacramento building that houses the California attorney general’s main office. Photo Credit: Coolcaesar

A federal judge has rejected Live Nation’s last-minute attempt to pause the DOJ’s antitrust case, and jury selection has officially wrapped. Meanwhile, ahead of the high-stakes trial’s kickoff, California’s attorney general has come out swinging against the promoter’s “illegal” practices.

We covered the most noteworthy element of this attempt, a push for interlocutory appeal centering on two “critical questions of law,” late last month. Additionally, however, Live Nation was urging the court to reconsider multiple elements of the case and to bifurcate the federal claims from their state-level counterparts.

Judge Arun Subramanian ruled on all these requests in a 13-page opinion, explaining in part that the court had “already addressed” components of the interlocutory appeal argument and ruled on splitting the federal and state claims.

“Live Nation has known that numerous federal and state claims, including for damages, have been at issue in this case since its inception,” Judge Subramanian wrote. “And when the plaintiffs made a motion to bifurcate the case a year ago (asking to cleave liability from damages and equitable remedies) it was Live Nation who opposed that relief.”

Consequently, jury selection commenced today and, as recapped in detail by Inner City Press, a number of dismissals later, 12 jurors were selected this afternoon.

As for what the possibly six-week trial will look like for the individuals, Judge Subramanian conducts proceedings five days per week “from 9 a.m. to 2:30 or 3 p.m.,” with a half-hour lunchbreak, according to his individual practices.

Back to California AG Rob Bonta’s pre-trial comments, the official called out Live Nation’s alleged market manipulation and “monopoly” while emphasizing the alleged consumer harm thereof.

“Live Nation harms fans through higher fees and a, frankly, terrible ticketing experience and threatens venues with loss of access to tours and artists if they don’t enter into long and exclusive agreements with the company,” AG Bonta continued. “Add this all up and what do we get? Bad service, bad experiences, and higher ticket prices, all while Live Nation rakes in the cash. We look forward to proving our case and holding Live Nation accountable.”

Though the focus is rightly on the all-important U.S. v. Live Nation trial at present, it’s worth reiterating that the Ticketmaster parent is also grappling with a BOTS Act-focused action levied by the FTC.

Last month, in another testament to the regulatory sentiment concerning Live Nation, federal lawmakers from both sides of the aisle weighed in on the ongoing complaint.